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28 C.F.R. § 50.9 Policy With Regard to
Open Judicial
Proceedings

28 C.F.R. § 50.9

Because of the vital public interest in open judicial
proceedings, the
Government has a general overriding affirmative duty to oppose
their closure.
There is, moreover, a strong presumption against closing
proceedings or portions
thereof, and the Department of Justice foresees very few cases in
which closure
would be warranted. The Government should take a position on any
motion to close
a judicial proceeding, and should ordinarily oppose closure; it
should move for
or consent to closed proceedings only when closure is plainly
essential to the
interests of justice. In furtherance of the Department's concern
for the right
of the public to attend judicial proceedings and the Department's
obligation to
the fair administration of justice, the following guidelines shall
be adhered to
by all attorneys for the United States.

A Government attorney has a compelling duty to protect the
societal interest
in open proceedings.

A Government attorney shall not move for or consent to closure
of a
proceeding covered by these guidelines unless:

No reasonable alternative exists for protecting the
interests at stake;

Closure is clearly likely to prevent the harm sought to
be avoided;

The degree of closure is minimized to the greatest extent
possible;

The public is given adequate notice of the proposed
closure; and, in
addition, the motion for closure is made on the record, except
where the
disclosure of the details of the motion papers would clearly defeat
the reason
for closure specified under paragraph (c)(6) of this section;

Transcripts of the closed proceedings will be unsealed as
soon as the
interests requiring closure no longer obtain; and

Failure to close the proceedings will produce;

A substantial likelihood of denial of the right
of any person
to a fair trial; or

A substantial likelihood of imminent danger to the safety
of parties,
witnesses, or other persons; or

A substantial likelihood that ongoing investigations will
be seriously
jeopardized.

A government attorney shall not move for or consent to the
closure of any
proceeding, civil or criminal, except with the express
authorization of:

The Deputy Attorney General, or,

The Associate Attorney General, if the Division seeking
authorization
is under the supervision of the Associate Attorney General.

These guidelines do not apply to:

The closure of part of a judicial proceeding where
necessary to
protect national security information or classifieds documents; or

In camera inspection, consideration or sealing of
documents, including
documents provided to the Government under a promise of
confidentiality, where
permitted by statute, rule of evidence or privilege; or

Grand jury proceedings or proceedings ancillary thereto;
or

Conferences traditionally held at the bench or in
chambers during the
course of an open proceeding; or

The closure of judicial proceedings pursuant to 18 U.S.C.
3509 (d) and
(e) for the protection of child victims or child witnesses.

Because of the vital public interest in open judicial
proceedings, the
records of any proceeding closed pursuant to this section, and
still sealed 60
days after termination of the proceeding, shall be reviewed to
determine if the
reasons for closure are still applicable. If they are not, an
appropriate
motion will be made to have the records unsealed. If the reasons
for closure are
still applicable after 60 days, this review is to be repeated every
60 days until
such time as the records are unsealed. Compliance with this
section will be
monitored by the Criminal Division.

The principles set forth in this section are intended to
provide guidance
to attorneys for the Government and are not intended to create or
recognize any
legally enforceable right in any person.